Whenever any subdivision of land is proposed to be made, and before
any contract for the sale of or any offer to sell such subdivision or any
part thereof is made, and before any permit for the erection of a structure
in such proposed subdivision shall be granted, the subdivider or his duly
authorized agent shall apply, in writing, for approval of such proposed subdivision
in accordance with the following procedures.
A.
Submission of sketch plan. Any owner of land within the Village of Tarrytown shall, prior to subdividing or resubdividing land, submit to the Secretary of the Planning Board at least two weeks prior to the regular meeting of the Board a sketch plan of the proposed subdivision, which shall comply with the requirements of Article V, § 263-18, for the purposes of classification and preliminary discussion.
B.
Discussion of requirements. At its meeting with the subdivider,
the Planning Board should discuss the requirements for street improvements,
drainage, sewerage, water supply, fire protection and similar aspects, as
well as the availability of existing services and other pertinent information.
C.
Study of sketch plan. The Planning Board shall study
the sketch plan as to whether it meets the objectives of these regulations,
and, to the extent that it does not, the Planning Board will make specific
suggestions as to changes to be incorporated in the preliminary layout.
D.
Classification of sketch plan and fee for minor subdivisions.
(1)
Classification of the sketch plan is to be made at this
time by the Planning Board as to whether it is a minor or major subdivision
as defined in these regulations. The Board may require, however, when it deems
it necessary for the protection of the public health, safety and welfare,
that a minor subdivision comply with all or some of the requirements specified
for major subdivisions.
(2)
If classified and approved as a minor subdivision, the
subdivider shall file a fee as adopted by resolution of the Board of Trustees[1] within 20 days of classification, after which the Planning Board
shall hold a public hearing thereon in accordance with § 7-728 of
the Village Law.
[Amended 5-6-1991 by L.L.
No. 5-1991]
[1]
Editor's Note: Such fee is on file and available for inspection in
the office of the Village Clerk during regular office hours.
E.
Approval of minor subdivision.
(1)
After the public hearing, the Planning Board will, within
30 days of the public hearing, approve or disapprove the sketch plan.
(2)
Upon approval, the sketch plan shall be properly signed
by the duly authorized person or persons and shall be filed by the applicant
in the office of the County Clerk. Any subdivision plan not so filed or recorded
within 90 days of the date upon which such plan is approved or considered
approved by reason of the failure of the Planning Board to act shall become
null and void (§ 7-728 of the Village Law).
[Amended 5-6-1991 by L.L.
No. 5-1991]
A.
Application and fee. Prior to the filing of an application for the approval of a major subdivision plat, the subdivider shall file an application for the consideration of a preliminary layout of the proposed subdivision, in the form described in Article V, § 263-19, hereof. The preliminary layout shall, in all respects, comply with the requirements set forth in said Article V hereof and with the provisions of §§ 7-728 and 7-730 of the Village Law, except where a waiver may be specifically authorized by the Planning Board, as provided in Article VI hereof. The application shall be accompanied by a fee as adopted by resolution of the Board of Trustees.[1] If the subdivider subsequently elects not to file an application
for approval of a subdivision plat, 1/2 of the fee shall be returned.
[Amended 5-19-1980 by L.L.
No. 12-1980; 5-6-1991 by L.L.
No. 5-1991]
[1]
Editor's Note: Such fee is on file and available for inspection in
the office of the Village Clerk during regular office hours.
B.
Number of copies. Seven copies of the preliminary layout
shall be presented to the Secretary of the Planning Board at least two weeks
prior to a scheduled Board meeting.
C.
Subdivider to attend Planning Board meeting. It is recommended
that the subdivider, or his duly authorized representative, attend the meeting
of the Planning Board to discuss the preliminary layout.
D.
Study of layout. The Planning Board will carefully study
the practicability of the preliminary layout, taking into consideration the
requirements of the community and the best use of the land being subdivided.
Particular attention will be given to the arrangement, location and width
of streets, their relation to the topography of the land, water supply, sewage
disposal, drainage, lot sizes and arrangement, the future development of adjoining
lands as yet unsubdivided and the requirements of the Master Plan and the
Official Map, if such exist.
E.
Conditional approval of the preliminary layout.
(1)
Following review of the preliminary layout, the Planning
Board shall, within 30 days, act thereon, as submitted or modified, and, if
approved, the Planning Board shall express its approval as conditional approval
and state the conditions of such approval, if any, with respect to the specific
changes which it will require in the preliminary layout; the character and
extent of the required public improvements for which waivers may have been
requested and which, in its opinion, may be waived without jeopardy to the
public health, safety, morals and general welfare; and the amount of construction
or improvement or the amount of the performance bond therefor which it will
require as a prerequisite to the approval of the formal subdivision plat to
be submitted subsequently. If disapproved, the Planning Board shall express
its disapproval and its reasons therefor.
(2)
The action of the Planning Board shall be noted on two
copies of the preliminary layout, referenced and attached to any conditions
determined. One copy shall be returned to the subdivider and the other retained
by the Planning Board. Conditional approval of a preliminary layout shall
not constitute approval of the plat. Rather, it shall be deemed an expression
of approval of the design submitted on the preliminary layout as a guide to
the preparation of the plat which will be submitted for approval of the Planning
Board and for recording upon fulfillment of the requirements of these regulations
and the conditions of the conditional approval, if any. Prior to approval
of the plat, the Planning Board may require additional changes as a result
of further study of the subdivision in final form.
A.
Application for approval. The subdivider shall, within six months after the conditional approval of the preliminary layout, file with the Planning Board an application for approval of all or part of the proposed subdivision, using the approved application blank available from the Secretary to the Planning Board. (In other words, the subdivider may develop the subdivision in progressive stages instead of in its entirety. But no subdivision or portion thereof shall be considered unless it abuts at least one street on the Official Map, if such exists, which street shall be improved to the satisfaction of the Planning Board, or an approved street for which a bond has been filed under § 263-7A below.) Failure to submit a section of the plat within six months shall automatically cancel the conditional approval unless extended by the Planning Board. Such extension shall be granted only if the proposed subdivision fully conforms to the zoning regulations in effect at the time such extension is applied for or any zoning amendments pending at the time. Where plat approval is requested in sections, those sections subsequent to the first section shall be individually submitted for approval within a period of two years following the conditional approval of the preliminary layout. In the event that any section of the plat, other than the first one, has not been submitted for approval within the two-year period, then the conditional approval of the preliminary layout as it pertains to such remaining sections shall be automatically canceled unless extended by the Board.
B.
Number of copies. A subdivider intending to submit a
proposed subdivision plat for the approval of the Planning Board shall provide
the Secretary of the Board with a copy of the application and one cloth original
and two duplicate tracings of the plat, the original and one certified copy
of all deeds, covenants and agreements and two prints of all construction
drawings, at least two weeks in advance of the meeting at which it is to be
submitted so that a public hearing may be scheduled and the required five-day
notice be given.
C.
When officially submitted. The subdivision plat shall be considered officially submitted only when all the surveys, plans and data required in Article V hereof are submitted complete and in good form, together with the application, at a regular meeting of the Planning Board.
D.
Endorsement of State Department of Health. Proposed sewer
extensions in the subdivision plat shall be properly endorsed and approved
by the New York State Department of Health. Applications for approval of plans
for sewer extensions will be filed by the Board of Public Works through the
Westchester County Department of Health. Endorsement and approval by the State
Department of Health shall be secured before any public hearing is scheduled
or the plat is considered officially submitted.
E.
Public hearing. Before the Planning Board will act on
any subdivision plat, it shall hold a public hearing thereon in accordance
with § 7-728 of the Village Law. Notice of the hearing will be duly
published and in addition will be mailed at least five days in advance of
the hearing to all abutting property owners, to all owners directly across
any and all streets and adjoining the proposed subdivision and to such other
persons as the Board may deem particularly affected, all at the expense of
the applicant.
[Amended 5-6-1991 by L.L.
No. 5-1991]
F.
Action on proposed subdivision plat. After careful study, the Planning Board will then, within 45 days from the official submission date of the subdivision plat, approve, approve with modifications or disapprove the subdivision plat. Such approval, however, shall not be deemed final, and the subdivision plat shall not be signed by the authorized officers of the Board for recording until the subdivider has complied with the provisions of § 263-7 of this Article.
G.
Officers authorized to sign plat. The authorized officers
of the Board, for the purpose of signing the approved subdivision plats, shall
be the Chairman and the Acting Chairman of the Board.
A.
Improvements and performance bond. Following approval of the subdivision plat by the Planning Board, the subdivider shall follow the procedure set forth in either Subsection A(1) or (2) below:
(1)
Performance bond.
(a)
The subdivider shall file with the Village Clerk a performance bond to cover the full cost of the required improvements in an amount set by the Planning Board. Such bond shall comply with the requirements of § 7-730 of the Village Law and shall be satisfactory to the Village Attorney and Village Engineer as to form, sufficiency, manner of execution and surety. A period of one year, or such other period as the Planning Board may determine appropriate, not to exceed three years, within which required improvements must be completed shall be set forth in the bond. The bond shall provide that an amount to be determined by the Planning Board to be adequate shall be retained for a period of one year from the date of completion of the required improvements. If the bond is not filed within 45 days of the approval granted in § 263-6F above, the plat shall be deemed disapproved. All required improvements shall be completed to the satisfaction of the Village Engineer within four months after the date of initial title transfer with respect to any dwelling fronting on a new street shown on the subdivision plat, failing which the Board of Trustees may order such improvements to be installed and charge the expense thereof to the subdivider. In the case of exceptionally large subdivisions, the Planning Board may grant a reasonable extension of time beyond said four-month period or, alternately, may approve the completion of only a portion of the required improvements within the period specified.
[Amended 5-6-1991 by L.L.
No. 5-1991]
(b)
The bond shall be released only upon certification by
the Board of Trustees that all required improvements have been completed to
its satisfaction.
(2)
The subdivider shall complete all required improvements to the satisfaction of the Village Engineer before any building permits will be issued. If such improvements are not completed within one year of the approval granted in § 263-6F above, the plat shall be deemed disapproved. The subdivider shall file with the village a bond in the amount determined by the Planning Board to be adequate to assure the satisfactory condition of the initial improvements for a period of one year following their completion. Such bond shall be satisfactory to the Village Attorney and Village Engineer as to form, sufficiency, manner of execution and surety.
(3)
Regardless of whether the procedure in Subsection A(1) or (2) is followed, as outlined above, the subdivider shall be required to provide contingent public liability insurance in the name of the village at the same limits as the general liability policy of the village. This insurance shall apply to general liability and property damage coverage.
B.
Waiver of required improvements. The Planning Board may
waive, for such period as it may determine, the provision of any or all such
improvements as, in its judgment, are not necessary in the interests of the
public health, safety and general welfare. In the case of each waiver granted,
the Planning Board shall enter upon its records the reason or reasons why
the particular improvement is not necessary, and it shall attach appropriate
conditions or require such guaranties as may be necessary to protect the public
interest.
C.
Modification of design of improvements. If, at any time
before or during the construction of the required improvements, it is demonstrated
to the satisfaction of the Village Engineer that unforeseen conditions made
it necessary or preferable to modify the location or design or such required
improvements, the Village Engineer may, upon his own initiative or upon written
request of the subdivider, authorize modifications, provided that these modifications
are within the spirit and intent of the Planning Board's approval and do not
extend to the waiver or substantial alteration of the function of any authorization
under this section, in writing, and shall transmit a copy of such authorization
to the Planning Board at its next regular meeting.
D.
Inspection of improvements. The village will cause inspection
to be made to assure that all village specifications and requirements shall
be met during the construction of required improvements and to assure the
satisfactory completion of improvements and utilities required by the Planning
Board.
[Amended 5-19-1980 by L.L.
No. 12-1980]
(1)
If the applicant elects to install such improvements
before the final approval of the plat, he shall do so at his own risk. If
notified, in writing, of his intentions so to proceed, the Board of Trustees
will assign an inspector; however, approval of improvements by such inspector
shall not bind the Planning Board to approve any plat submitted subsequently.
In such case, the applicant shall pay the village, prior to approval of this
procedure, an amount equal to 6% of the cost of the proposed improvements,
as estimated by the Village Engineer, to cover the cost of inspection.
(2)
If a bond is to be given to assure completion of such
improvements, the Board of Trustees will assign an inspector to assure such
satisfactory completion. The developer shall pay the village an amount equal
to 6% of the amount of the bond to cover the cost of such inspection.
E.
Utilities required. As to utilities required by the Planning
Board, the Planning Board may accept assurance, in writing, from each public
utility company whose facilities are proposed to be installed, addressed to
the Board and stating that such public utility company will make the installations
necessary for the furnishing of its services within the time therein specified
and satisfactory to the Board.
F.
Proper installation of improvements.
(1)
If the Village Engineer shall find, upon inspection performed
before the expiration date of the performance bond, that any of the required
improvements have not been constructed in accordance with the plans and specifications
filed by the subdivider, he shall so report to the Planning Board, and the
subdivider and the bonding company will be severally and jointly liable for
costs of completing said improvements according to specifications. No plat
which may be an extension of a previously recorded plat or no new plat, regardless
of location, shall be approved by the Planning Board if the subdivider has
not fully complied with the construction of all of the required improvements
in a previously recorded plat submitted by him for approval.
(2)
As a condition for the approval of such plat, the Planning
Board shall require that the conditions of the former agreement be met by
the subdivider before the Planning Board shall take action on the plat.
A.
Approval and filing. Upon completion of the above requirements
and notation to that effect upon the subdivision plat, it shall be deemed
to have final approval, shall be properly signed by the appropriate officers
of the Planning Board and shall be filed by the applicant in the office of
the County Clerk. Any subdivision plat not so filed or recorded within 90
days of the date upon which such plat is approved or considered approved by
reason of the failure of the Planning Board to act shall become null and void
(§ 7-728 of the Village Law).
[Amended 5-6-1991 by L.L.
No. 5-1991]
B.
Plat void if revised after approval. No changes, erasures,
modifications or revisions shall be made in any subdivision plat after approval
has been given by the Planning Board and endorsed, in writing, on the plat,
unless said plat is first resubmitted to the Planning Board and such Board
approves any modifications. In the event that any such subdivision plat is
recorded without complying with this requirement, the same shall be considered
null and void, and the Board shall institute proceedings to have the plat
stricken from the records of the County Clerk.
A.
Public acceptance of streets. The approval by the Planning
Board of a subdivision plat shall not be deemed to constitute or be evidence
of any acceptance by the village of any street, easement, park, playground
or other open space shown on such subdivision plat.
B.
Ownership and maintenance of park and playground areas.
When a park and/or playground area shall have been required on a plat, the
approval of said plat shall not constitute an acceptance by the village of
such area. The Planning Board may require the plat to be endorsed with appropriate
notes to this effect. The Planning Board may also require the filing of a
written agreement between the applicant and the Board of Trustees covering
future title, dedication and provision for the cost of grading, development,
equipment and maintenance of any park or playground area.
